Once and for all, is it specifically illegal anywhere in the US to swear at, call dirty names, give the finger to, show lack of respect for or otherwise be rude to a police officer?
I’ve heard anecdotel stuff, and been vaguely warned, but never have I found a specific law concerning the practice.
One wannabe cop (electrician, irl) told me that I could be charged with interferring with a po in the …
That’s bs, and not what I’m asking. Trumping something up doesn’t count.
I know there are a couple cops on forum and I’d like to hear from them. No threats, please.
Peace,
mangeorge
If there’s a crowd, maybe it’s inciting?
Other than the aforementioned “Contempt of Cop,” I don’t think so. The courts have ruled specifically that “a peace officer’s peace can’t be disturbed,” which rules out most of the “Disturbing the Peace” charges. If there are laws against the public use of profanity in mixed company, then they have a legit charge.
I was on a double-date once where the other female (in New Orleans) asked a pair of cops for a light on her cigarette and then flipped him off when he rebuffed her. His female partner decided that was more than enough reason to grab her arms and then slam her into a wall. She resisted and ended up on the ground being manhandled by the both of them and soon taken to jail.
I don’t even know what the charge was and it was eventually dropped since her father was a talk radio host. I think they claimed it was for public drunkeness (how would you tell something like that in New Orleans when 93.7% of the people around you are drunk). I think they can probably find something if they want.
There have been ordinances passed in various jurisdictions which have attempted to make unlawful the act of cursing at or using obscene language to a police officer, but for the most part, they tend to get struck down when challenged as being too broad and violative of First Amendment rights. An example here.
The US Supreme Court ruled that:
Yeah, it seems that it’s as I thought. They’d have to come at it obliquely.
If I were younger, or braver, I’d give a test.
And this is the guy who signs his posts “Peace, Mangeorge”.
I’ve seen a video of a guy walking up to a cop, flipping the cop off, and the cop promptly responding by beating the guy with his billy club. :eek:
Flipping a cop off or cursing at one is really stupid, since the cop can argue that your behavior was threatening, or that you seemed to be impared (and thus potentially under the influence of illegal substances), and use that as an excuse to at the very least inconvience you, and at worst, arrest you. Few, if any people, are completely familiar with all laws, and it’s entirely possible that you could unknowningly be breaking some obscure ordinance, which the cop uses to arrest you or issue you a ticket. If you’re polite to an officer, most of them will ignore minor violations of the law you might be committing, piss them off, and they’ll slap you with a ticket or arrest you.
Doubt it.
To qualify, unlike mangeorge I have been younger and well, in lieu of braver I was stupider.
Note “stupider” is the word of choice here.
Really mangeorge what is it you need to prove to yourself?
In my case I was stopped for what I believed at the time was for no cause. Just some kid walking home, what? you got no one else to pick on?
So me being me, I mouthed the officer, he being he, tried to detain me for an “interview”.
Me still being me told him in no uncertain terms that unless I was under arrest I was leaving.
Him being him, told me I was being detained for an interview.
At this time I interviewed the officer to a right hook.
SHORTLY there after I became aquainted with several members of HPD, well their fists any way.
Long story short, I was convicted of misdemeanor assault sentenced to 90 days in OCCC and was out in 30 days.
Moral, yea the cop was being an ass, but if I just showed him my ID and kissed his ass a little I wouldn’t have this nagging tick in my jaw 25 years later.
But no, I duked a couple of cops and was an actual competive boxer at the time “never had to register my hands LOL”
Worse case, misdemenor assault.
Err, that didnt post well.
The point I was trying to get across, is no felony.
I seem to remember a case a few years ago where a man was arrested for swearing in front of women and children (apparently there was some really old law on it). It held in court. If it was a female police officer, I bet that law could be applied.
I kinda remember that. They were in or around a river, right? I think the guy was ranting and raving and refused to stop. The joys of booze, I guess.
I doubt that the law was challenged. Many local ordinances remain until tested. Vagrancy laws, for example. And speed traps.
But specific laws barring rudeness to the police (thanks Q.E.D.) haven’t faired well.
That was my question. Of course cops, using the authority granted them, can subvert the law if they feel frustrated.
Peace,
mangeorge
Whether or not my action would be illegal.
I’d just give the guy the guy the finger, in front of a Winchell’s or Dunkin’ Donuts waitress (server), then keep on walking.
Does DD still have those kick-butt bismarks?
Some of the things you describe woul be illegal in New York, under criminal code 240.20 - Disorderly Conduct. (bolding is mine)
And FWIW, I’d wager that in many circumstances, you’re going to get a less forceful reply from cursing at a cop that cursing at some other random person. Try it in a pub.
I did give it a test once. The results were consistant with my hypothesis. I was arrested and booked for “Resisting an officer without Violence”. However, the State Attorney reading the affidavit saw that no crime had been committed and never charged me.
Still had to pay to bond out, and wasted a good 8 hours of my night though…
Tuckerfan I’ve seen that video too, but it looks very staged to me though I have no doubt that those kinds of things have happened.
Flipping off a cop. IIRC, that video was discussed here on the boards not long ago. I believe the jury is still out as to its authenticity. Personally, I think its BS.
I dunno. The cop’s initial reaction, jumping back, looked real. And his club bounced off the kid a little.
If it’s real, the way he lunged at the cop is fucking retarded – he’s lucky he didn’t get shot. The proper way of accomplishing this is walking up to not closer than 15 feet and stating “I find your abuse of power personally contemptible!” in a loud and clear manner, and then not making any sudden movements. If you get beaten after THAT then the police officer just proved your point for you, didn’t he?
It’s the cops initial reaction that makes me think it’s BS. The kid basically thrust his hands up into the cop’s face rather quickly, yet the officer’s hands didn’t raise up to protect his face. Something that someone trained in defensive tactics should do instinctively.
Of course, the possibility exists that the cop was stunned and froze a bit. I don’t doubt the possibility that it could be real. But, if I had to bet money, my money’s on staged.